Senske Rentals, et al. v. City of Grand Forks
Docket Info
- Title
- Senske Rentals, LLC, a North Dakota
Limited Liability Company, and
Sierra Investments, LLC, a North Dakota
Limited Liability Company, Petitioners and Appellants
v.
City of Grand Forks, a political
subdivision of the State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
- Appeal From
-
Case No. 2021-CV-02258
Northeast Central Judicial District, Grand Forks County
John A. Thelen
Highlight
The appellate court has discretion whether to grant a parties’ request for judicial notice on appeal.
A court's review of special assessments for local improvements is limited to assuring that local taxing authorities do not act arbitrarily, capriciously, or unreasonably.
Special assessments for local improvements are presumed valid, and the burden is on the party challenging the validity to demonstrate they are invalid. A special assessment against any property must not exceed the benefit the property receives from the improvement.
An adequate record for review of a special assessment commission’s determination must include a showing of how the commission determined the project benefit.
A special assessment commission has broad discretion to choose the method used to decide benefits and assess individual properties.
Issues not raised in the district court cannot be raised for the first time on appeal.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 07/27/2022 | NOTICE OF APPEAL : 07/27/2022 | |
2 | 08/01/2022 | Rec'd filing fee | |
3 | 08/01/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 08/01/2022 | Notice served on DeWayne A. Johnston, Corey J. Quinton, & Jenna R. Bergman | |
5 | 08/22/2022 | ELEC. RECORD ON APPEAL DATED AUGUST 19, 2022 (ENTRY NOS. 1-12, 14-39; 13 NOT SENT) | |
6 | 09/01/2022 | MOT. EXT/TIME APPELLANT BRIEF | |
7 | 09/01/2022 | ACTION BY CLERK - Granted : 09/26/2022 | |
8 | 09/26/2022 | APPELLANT BRIEF | View |
9 | 09/26/2022 | Oral Argument Request by Appellant | |
10 | 10/06/2022 | Rec'd correction to ATB (remove inappropriate addendum) | |
11 | 10/10/2022 | Rec'd additional correction to ATB (remove inappropriate footnote) | |
12 | 10/12/2022 | APPELLEE BRIEF | View |
13 | 10/12/2022 | Oral Argument Request by Appellee | |
14 | 10/13/2022 | Rec'd 3 copies of ATB from CSD | |
15 | 10/13/2022 | Rec'd 3 copies of AEB from CSD | |
16 | 10/19/2022 | NOTICE OF ORAL ARGUMENT SENT | |
17 | 10/27/2022 | REPLY BRIEF | View |
18 | 11/01/2022 | Rec'd 3 copies of RYB from CSD | |
19 | 11/29/2022 | APPEARANCES: DeWayne A. Johnston & Jenna R. Bergman | |
20 | 11/29/2022 | ARGUED: DeWayne A. Johnston & Jenna R. Bergman | |
21 | 11/29/2022 | ORAL ARGUMENT WEBCAST | |
22 | 03/31/2023 | DISPOSITION | |
23 | 03/31/2023 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
24 | 03/31/2023 | Costs taxed in favor of Appellee | |
25 | 03/31/2023 | Judgment | View |
26 | 04/24/2023 | MANDATE |